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Parliamentary Questions


Question Without Notice No. 904 asked in the Legislative Council on 10 September 2020 by Hon Nick Goiran

Parliament: 40 Session: 1

VOLUNTARY ASSISTED DYING — INFORMATION

904. Hon NICK GOIRAN to the parliamentary secretary representing the Minister for Health:

I refer to the recently released Victorian Voluntary Assisted Dying Review Board's ''Report of Operations: January–June 2020'' and the startling revelation that 124 Victorians have ended their lives through the administration of VAD poisons between 19 June 2019 and 30 June 2020.

(1) Is the minister aware of this latest report released in August 2020?

(2) Given that the Victorian report has identified that there is ''a lot of important information related to voluntary assisted dying that the Board does not have the power to obtain'', what steps will the government take to ensure a similar information blockage does not occur in our state?

(3) Has the WA voluntary assisted dying implementation leadership team considered the issue of board power to collect, use and disclose information?

(4) Further to (3), will the minister table the minutes of the meetings held to date by the implementation leadership team?

Hon ALANNA CLOHESY replied:

I thank the honourable member for some notice of the question.

(1) Yes.

(2) Under section 119 of the Voluntary Assisted Dying Act 2019, the Voluntary Assisted Dying Board has all the powers it needs to perform its functions. The board is established for the purpose of ensuring proper adherence to legislation and to recommend safety and quality improvements. The board's functions, which are set out in section 118 of the act, include advisory and monitoring functions.

For matters relating to the response to a request for access, section 22 of the act requires that a medical practitioner receiving a first request for access to voluntary assisted dying must notify the board of this request, including the medical practitioner's decision to accept or refuse the first request and the reason for a refusal of a first request. The Victorian act does not include this requirement for notification to its board.

Under section 152 of the act, the minister may give a written direction to the board to record and retain statistical information about a matter relating to voluntary assisted dying specified in the direction. This provision is not a feature of the Victorian act.

(3) The power of the board to collect, use and disclose information is embedded in the legislation and is not a matter for the implementation leadership team.

(4) Providing the answer to this part of the question in the time required is not possible and I request that the honourable member place it on notice.